JAGJIT SINGH Vs. DIVISIONAL COMMISSIONER, PATIALA AND OTHERS

JUDGEMENT

(1.) The present writ petition has been placed before us on a reference made by learned Single Judge of this Court on 14.03.2012 referring the following question for the opinion of this Bench:

(2.) Learned counsel for the petitioner relies upon a Division Bench judgment of this Court Jagtar Singh v. State of Punjab, 2007 148 PunLR 638, wherein this Court has not interfered with the order passed by the Commissioner that the mutation should be kept in abeyance till the matter is decided by the Civil Court.

(3.) On the other hand, learned counsel for the private respondents relies upon another Division Bench judgment of this Court in Harjit Kaur v. Kartar Kaur, 2007 147 PunLR 572 to contend that the mutation does not confer any title and the same is entered only with a view to update the revenue records. The intricate questions regarding inheritance are not required to be gone into by the revenue officials in exercise of summary jurisdiction of the revenue authorities. The questions of title are to be decided by the Civil Court, but the mutation has to be sanctioned by the Revenue Authorities to update the revenue record.